1. Parole Board Training
Presented by:
[Revision 6/1/2017]

2. Purpose of ICAOS Promote Public Safety Protect the Rights of Victims
6/1/2018
Purpose of ICAOS
Promote Public Safety
Protect the Rights of Victims
Effective Supervision/Rehabilitation
Control Movement of Offenders
Provide for Effective Tracking

3. Interstate Compact Legislation
Courts, Parole Boards, Community Corrections & other Executive Agencies
Subject to ICAOS rules
MUST enforce & effectuate the Compact
Do you know your
state’s statute?
States just don’t decide to be a member of the interstate compact, they actually each enacted legislation to enable the Interstate Compact. Therefore all jurisdictions within your state are subject to the rules and must enforce the compact. It’s law.
The rules are a framework for all states to work with. The rules are not intended to impact Judicial sentencing, only the transfer process, the supervision of the offender in another state and the return of an offender in violation.

4. Authority of the Interstate Compact
The Crime Control Act of 1934 permitted two or more states to enter into agreements for mutual assistance in the prevention of crime.
Cuyler vs. Adams, 449 U.S. 433 (1981). Compact rules supersede any state laws in conflict with them.

5. National Governing Body
All 50 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands are members of the Interstate Compact
Rule Making Authority
Compliance Enforcement
Since all states and three territories are members, this creates a national governing body which allows for the member to collaboratively make rules to be enforced universally and allows for enforcement of compliance.

6. Enforcement Power
Commission has authority to enforce the compact and its rules upon the states by:
Requiring remedial training
Requiring mediation/arbitration of dispute
Imposing monetary fines on a state
Seeking relief in federal court, most likely by obtaining an injunction to curtail state action or compel compliance

7. ICAOS Considerations ICAOS regulates how offenders are:
Transferred from one state to another
Supervised while on Compact supervision
Returned to a sending state when an offender violates
The ICAOS is NOT about telling judges how to sentence criminal offenders nor about telling prosecutors how to charge offenses. The ICAOS is about how offenders, released to supervision, are transferred and supervised over state lines and returned to a sending state when in violation.

8. What Triggers the Compact?
An Offender subject to Supervision who wishes to Relocate to another state

9. “Offender” Adult who commits a criminal offense AND
Is subject to supervision;
Released to the community under jurisdiction of:
Courts
Paroling Authorities
Corrections
Other Criminal Justice Agencies; AND
meets eligibility requirements
An offender is someone subject to supervision and meets the eligibility requirements

10. “Supervision” Has 2 distinct criteria:
6/1/2018
“Supervision”
Has 2 distinct criteria:
Oversight exercised by a controlling authority, which includes Courts, Parole Boards, etc…
Required to monitor regulations or conditions, other than monetary.
The current definition of supervision has been interpreted to require transfer of certain offenders whom the sentencing courts have clearly not intended to be subject to “supervision” as it has been traditionally understood. These include offenders placed on probation as a means to preserve jurisdiction while the offenders pay court-ordered fees, fines, court costs and restitution. BASICALLY: UNSUPERVISED OFFENDERS WHO ONLY OWE MONEY
Since the monitoring and collection of outstanding monies is the sending state’s responsibility under Rule 4.108, regardless of the offender’s location, there is no benefit in requiring transfer of cases, when the only conditions to be satisfied are monetary.

11. 6/1/2018
“Relocate”
“Relocate” means to remain in another state for more than 45 consecutive days in any 12 month period.
Rule definitions-Rule 2.110
Relocate is defined by ICAOS Rules as “to remain in another state for more than 45 Consecutive days in any 12 month period.”
Rule makes a clear statement that any offender under supervision that moves across a state line and remains there for more than 45 consecutive days in any 12 month period must be transferred under the compact.

12. Eligible Offender Must Transfer to Relocate
6/1/2018
Eligible Offender Must Transfer to Relocate
Eligible Offenders
Non-eligible Offenders
All Felons
Certain Misdemeanants (Rule 2.105)
Next Slide
Deferred Sentences (Rule 2.106)
Is there a finding of guilt?
Has a plea been entered?
Given up the right to trial?
Those on work-release (Rule 2.107)
Or released under furlough
Or on a pre-parole program
Those on a Pre-Trial Intervention Programs
“Unsupervised” Offenders requiring monitoring
Bench Probation
Offenders released on bail

13. Eligible Misdemeanants
6/1/2018
Eligible Misdemeanants
Sentence = 1+ years of supervision
AND
Instant Offense includes one or more:
Person incurred direct or threatened physical or psychological harm.
2nd or subsequent conviction of driving while impaired by drugs or alcohol
Use or possession of a firearm involved.
Sex offense requiring registration in the sending state
The Compact Rules also address misdemeanants eligible for transfer.
The rule requires that an offender convicted of a misdemeanor must first meet the eligibility requirements of Rule and be sentenced for one year or more of supervision.
In addition, their current offense must meet one of the following conditions:
1.) An offense in which a person incurred direct or threatened physical or psychological harm;
2.) An offense that involves the use or possession of a firearm;
3.) A second or subsequent misdemeanor conviction of driving while impaired by drugs or alcohol;
4.) A sexual offense that requires the offender to resister as a sex offender in the sending state.
Rule 2.105

14. Pre-Release Transfer
Submit request within 120 calendar days prior to release date
Sending state shall notify receiving state if
the planned release date changes
or if release date has been withdrawn or denied
Rule 3.105
For incarcerated offenders requesting to relocate upon release, applications can be submitted within 120 days prior to the planned release date. If the release date changes or is withdrawn, the sending state is required to notify a receiving state immediately.

15. Waiver of Extradition Offender Application for Transfer
Prior to leaving the sending state, the offender SHALL sign a waiver of extradition.
Extradition hearings are not required.
Rule 3.109
The form an offender signs before transferring or leaving a state under the compact, is the application for transfer form. This form contains a waiver of extradition stating that the offender waives all legal requirements to extradition of offenders who are fugitives from justice. <PAUSE>

16. Transfer Requirements
Application for Transfer-Includes Waiver of Extradition
90 days + remaining on supervision
Offender in substantial compliance
Reason for Transfer
Justification w/ Plan for Supervision
Documentation must be provided with Transfer Request-Rule 3.107
Victim Notification-ICOTS VINE Watch

17. 6/1/2018
“Sex Offender”
Eligible “Offender” by Compact definition
Subject to supervision
Required to register in EITHER the sending state or receiving state
Additional documents required for Transfer
NO TRAVEL PERMITS without approved Reporting Instructions

18. Supervision
Receiving state shall supervise an interstate offender consistent with the supervision of other similar offenders sentenced in the receiving state:
Conditions
Incentives, corrective actions, graduated responses
Violations
Duration of supervision is determined by the sending state.
Rule & 4.102

19. Retaking Requires a warrant & detainer
Means the act of the sending state physically removing an offender or causing to have an offender removed, from a receiving state.
Requires a warrant & detainer
Warrant means:
Written order commanding law enforcement to arrest an offender
SHALL be entered in the NCIC Wanted Person File with a nationwide pick-up radius
NO BAIL or other release conditions
Rule 5.101

20. Retaking
Sending State retains authority to retake at ANYTIME unless offender is charged with a new crime in the receiving state.
Offender charged with a new criminal offense cannot be retaken:
until charges have been dismissed
sentence has been satisfied
offender released to supervision for new offense
sending and receiving state mutually agree to retake/return
Rule &
Retaking requires a warrant and detainer. You also have the option to order the return of the offender unless the receiving state has asked for you to retake under one of the mandatory retaking reasons.

21. Receiving State requests retake &:
Mandatory Retaking Rules 5.102, 5.103,
Receiving State requests retake &:
Mandatory Retake?
Sending State Action
Report of ‘Behavior Requiring Retaking’
Yes
Issue warrant OR Order offender to return within 15 business days
May ask for PC Hearing
Conviction of new felony or violent crime
Issue warrant
If serving a new sentence of incarceration for the new crime-sending state may hold violation hearing
Requires approval of authority and offender
See Rule
“Absconder” apprehended in receiving state on sending state’s warrant
Warrant previously issued per Rule
Receiving states should seriously consider which offenders they recommend for retake under this rule after the commission of only one significant violation. This rule, as under Rules and 5.103, start with a “request from the receiving state,” so the request doesn’t always have to be made and all circumstances surrounding the offender and the violation should be considered.
Training Note: Stress the part of this rule that relies on a “conviction” for the retake to be mandatory and that the conviction can be either a misdemeanor or felony and that the “violent crime” will be determined by the receiving state and that this rule applies to all “offenders” who may be convicted of a violent crime, regardless of the instant offense conviction. Again, this rule relies on a “request from a receiving state” and not all circumstances will result in a request to retake. For example, an offender gets convicted of a violent crime while under supervision in the receiving state but receives probation supervision. The receiving state may determine that the offender should remain in the receiving state for the local supervision. The sending state can still be notified of the conviction but not asked to retake. Of course, the sending state can still decide to retake under Rule

22. due to unsuccessful Supervision
Behavior Requiring Retaking “behavior would rise to level of revocation because…” 
Non-Compliant Behavior
I Would Request Revocation in my State.
Retaking
due to unsuccessful Supervision
Non-Compliant Behavior
I Would apply sanctions for such actions in my State.
Address behavior/Provide documentation via Progress Report
Be sure to distinguish reporting to the court and revocation. If there are avenues available to address the non-compliant behavior, violation report is not appropriate.
Rule Behavior Requiring Retaking definition

23. Retaking Responsibilities
Sending State
Cost of retaking
Retake within 30 days
Establish authority of officers
Identify the offender
Ensure no detainers against offender exist
Ensure no extradition proceedings are pending
Receiving State
Cost of detaining
No bail or other release conditions allowed for offender
Conduct PC Hearing if requested
Officers of a sending state may take custody of an offender from a local, state or federal correctional facility at the expiration of sentence provided that:
No detainer has been placed against the offender by the state in which the facility lies
No extradition proceedings have been initiated by a third-party state
Rule 5.110

24. Probable Cause Hearings
Morrisey vs. Brewer 408 U.S. 471 (1972)
Gagnon vs. Scarpelli 411 U.S. 778 (1973)
Offenders are entitled to a probable cause hearing:
Close proximity to where the violations occurred
An “administrative” hearing – not to determine guilt/innocence and level of due process is less than that of a revocation hearing
Conducted by a “neutral and detached” person

25. Liability
Liable is defined by Webster as “Legally obligated; responsible…”
All compact member states can be held liable for circumventing or violating the ICAOS rules.
ICAOS rules are federal law and there is a legal obligation to follow and enforce the rules as written.

26. ICAOS Whitepapers
Why your state can be sanctioned upon violation of the Compact or the ICAOS rules?
Discusses common misconceptions regarding the rules and authority of the compact
Addresses specific cases leading to violation of the compact
Discharge of sentences in lieu of retaking is a violation of the Compact and the ICAOS Rules
Discusses sending state obligations for retaking

27. Compact Office Resource
6/1/2018
Compact Office Resource

28. 6/1/2018
ICAOS Resources
Note there is a module for parole board members on ICAOS website among others

29. Contact [State Compact Info] Commission Website

30. Questions